S T A T E O F N E W Y O R K
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4453
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. TOWNS, WALKER, ALFANO, KOLB -- Multi-Sponsored by
-- M. of A. COOK -- read once and referred to the Committee on Ways
and Means
AN ACT to amend the state finance law, in relation to establishing the
witness protection fund and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
89-h to read as follows:
S 89-H. WITNESS PROTECTION FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF THE
DEPARTMENT OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS
THE "WITNESS PROTECTION FUND".
2. THE WITNESS PROTECTION FUND SHALL CONSIST OF: (A) FIVE PERCENT OF
ALL THE MONEYS RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE
PENAL LAW AND FIVE PERCENT OF ALL THE MONEYS RECEIVED BY THE STATE
PURSUANT TO SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAFFIC LAW
FROM ANY COURT OF THE UNIFIED COURT SYSTEM OTHER THAN TOWN OR VILLAGE
COURTS;
(B) TEN PERCENT OF ALL THE MONEYS DEPOSITED TO THE CREDIT OF THE STATE
POLICE SEIZED ASSETS ACCOUNT IN EACH CALENDAR YEAR; AND
(C) ALL OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSU-
ANT TO LAW OR ANY OTHER MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE
FUND.
3. MONEYS OF THE WITNESS PROTECTION FUND, FOLLOWING APPROPRIATION BY
THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
MADE AVAILABLE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR LOCAL
ASSISTANCE SERVICES AND EXPENSES OF PROGRAMS TO PROVIDE WITNESS
PROTECTION SERVICES TO WITNESSES OF CRIMES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01971-01-9
A. 4453 2
4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. AT THE END OF
EACH YEAR, ANY MONEYS REMAINING IN THE FUND SHALL BE RETURNED TO THE
FUND AND SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME
EARNED ON MONEY IN THE FUND, AFTER DEDUCTING ANY APPLICABLE CHARGES,
SHALL BE CREDITED TO THE FUND.
S 2. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated to the witness protection
fund, established pursuant to section 89-h of the state finance law as
added by section one of this act, out of any moneys in the state treas-
ury in the general fund to the credit of the local assistance account
not otherwise appropriated, for local assistance services and expenses
of programs to provide witness protection services to witnesses of
crimes.
S 3. This act shall take effect immediately.